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Constitutional Criminal Procedure

Constitutional Criminal Procedure is a book which covers constitutional principles of criminal procedure

Publication Language: English
In Stock
ISBN/ISSN: 9780409056655

Product description

Constitutional Criminal Procedure is a book which covers constitutional principles of criminal procedure

The Constitution of South Africa has enshrined the rights of citizens who come into contact with the criminal justice system, therefore regulating the powers of the police, the prosecution and the courts. Legal restraints on the state's ability to combat crime have thus brought the constitutional principles of criminal procedure into the public debate and political contestation.


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Table of contents

Law, state and individual

1 - Law and state

2 - Constitutional law as part of the law

State and individual

Historical overview

1 - Traditional authorities

2 - European settlement




Sources of constitutional law

1 - General

2 - Legislation


Community of people - citizens and foreigners

1 - General

2 - Constitutional provisions on citizenship

Acquisition of citizenship

Loss of citizenship

Resumption and restoration of citizenship

Citizenship and different levels of government


1 - General

2 - Constitutional provisions on territory

International law provisions on territory

Exercise of government authority in territory

Subdivision of territory

Government authority

1 - Definitions

2 - Origin of government authority

Distribution of government authority

Independent exercise of government authority

Legal system, legal personality, symbols and official languages

1 - Legal system of the state

2 - The state as a juristic person

Symbols of the state

Official languages

National legislative authority

1 - Legislative authority and bodies

2 - Parliament

Judicial control over legislative bodies

National executive authority

1 - Executive authority and executive bodies

2 - Heads of state and heads of government

Deputy heads of government



The public service

The Constitution and general rules for executive and administrative acts

Control over executive bodies

Advice to the executive

Judicial authority

1 - Judicial authority

2 - Judicial bodies - the courts

The independence and impartiality of the courts

The right to access to the courts and to fair and public hearings

Judicial authority over constitutional matters

Control over judicial bodies

Provincial government

1 - General

2 - The South African provinces

Traditional authorities

Local government

1 - General

2 - Local government in South Africa

The bill of rights

1 - Introduction

2 - The application of the bill of rights

3 - Control and enforcement

4 - The bearers of rights

5 - Conduct and interests protected and duties imposed by the rights

6 - Binding effect of the bill of rights

7 - The limitation of rights

8 - The rights in the bill of rights